FMLA

1. FMLA Family and Medical Leave Act

2. Please note the following: The following slides are intended to provide general information regarding the FMLA and are not intended to provide individualized or legal advice concerning particular circumstances. Specific information regarding the FMLA is available on the Department of Labor website https://www.dol.gov/whd/fmla/

3. What Is the FMLA? • Federal law designed to provide unpaid, job-protected leave for specified family and medical reasons • FMLA may be taken all at once or intermittently as determined by an individual's physician • FMLA entitles an eligible employee to 12 workweeks of leave in a 12-month period

4. FMLA Protection • Qualifying absences under FMLA cannot be considered by employers with regard to hiring, promotions, or disciple • Protection to the extent that employee should be treated just as if working during qualifying FMLA absence • Employees returning to work from FMLA must be returned to same (or nearly identical) job

5. Who Is Eligible? TEAMS, Faculty, and OPS employees who have: • Worked at UF for at least 12 months (need not be consecutive) AND • Physically worked at least 1,250 hours in the 12 months prior to the start of leave (paid leave and unpaid leave, including FMLA leave, are not counted toward the 1,250 hours)

6. When can an eligible employee use fmla leave? • for the birth of a son or daughter, and to bond with the newborn child; • for the placement with the employee of a child for adoption or foster care, and to bond with that child; • to care for an immediate family member (spouse, child, or parent – but not a parent “in-law”) with a serious health condition; • to take medical leave when the employee is unable to work because of a serious health condition; or • for qualifying exigencies arising out of the fact that the employee’s spouse, son, daughter, or parent is on covered active duty or call to covered active duty status as a member of the National Guard, Reserves, or Regular Armed Forces. • to care for a covered servicemember with a serious injury or illness.

7. What Is a Serious Health Condition? A serious health condition under the FMLA is an illness, injury, impairment or physical or mental condition that involves: • any period of incapacity or treatment connected with inpatient care (i.e., an overnight stay) in a hospital, hospice, or residential medical care facility; or • a period of incapacity requiring absence of more than 3 calendar days from work, school, or other regular daily activities that also involves continuing treatment by (or under the supervision of) a health care provider; or • any period of incapacity due to pregnancy, or for prenatal care; or

8. What Is a Serious Health Condition? • any period of incapacity (or treatment therefore) due to a chronic serious health condition (e.g., asthma, diabetes, epilepsy, etc.); or • a period of incapacity that is permanent or long-term due to a condition for which treatment may not be effective (e.g., Alzheimer's, stroke, terminal diseases, etc.); or, • any absences to receive multiple treatments (including any period of recovery therefrom) by, or on referral by, a health care provider for a condition that likely would result in incapacity of more than three consecutive days if left untreated (e.g., chemotherapy, physical therapy, dialysis, etc.)

9. Unable to Perform the Essential Functions of a Position? • Health care provider finds employee unable to work at all or unable to perform any one of the essential functions of position • Employee must receive medical treatment • Employee’s condition makes him/her unable to perform some of the usual duties of the position

10. Conditions Not Covered Unless complications arise, the following are NOT covered under FMLA: • Common cold, flu, earaches, upset stomach, minor headaches • Routine dental or orthodontic problems • Other short-term voluntary treatments and immunizations unless they result in hospitalization

11. FMLA Entitlement • Twelve of employee’s regularly scheduled workweeks during 12-month period • Entitlement is based on FTE • Full-time employees (1.00 FTE) have maximum entitlement of 480 hours • Part-time employees’ entitlement depends on FTE—ex. .50 FTE equates to 20-hour workweek with maximum entitlement of 240 hours • Important: UF’s FMLA entitlement period is based on the fiscal year (July 1 to June 30)

12. Use of Entitlement—employee’s responsibility • Provide employer with at least 30 days advance notice, when practical • If FMLA leave is needed unexpectedly, inform employer as soon as possible • Submit a completed Certification of Healthcare Provider for Employee's/Family Member's Serious Health Condition to Central Leave • Indicate that leave is due to an FMLA-protected condition when notifying employer of absence (not necessary to tell the diagnosis or medical condition)

13. Use of Entitlement • FMLA is unpaid leave, however: • Employees may use sick or vacation time while on qualifying FMLA leave so that they continue to be paid. • They may supplement accrued leave with Leave Without Pay (LWOP), but must account for their entire FTE. • Any leave designated as qualifying FMLA leave must be counted against FMLA entitlement

14. Use of Entitlement • When using approved FMLA-qualifying leave the employee may: • Be completely absent (full day or workweek) • Be absent from time to time or sporadically (intermittent leave) • Work a reduced schedule on an ongoing basis (more to follow on next slide) Example: Full-time employee with 480 hours entitlement can reduce work to half time and take 24 weeks to use up entitlement hours.

15. Reduced Work Schedules • As long as employee is on approved medical leave, FTE should not be reduced in payroll system • Reduced work schedules related to FMLA must be: • Approved by Provost (if applicable to certain academic personnel). • Supported by medical documentation

16. Paperwork Required for FMLA Leave • Request for Extended Leave of Absence form • FMLA Designation Notice form • Certification of Health Care Provider form

17. FMLA-Qualifying leave--Role of the supervisor/employer • Supervisors/employers must: • Establish and follow a clear and uniformly applied policy regarding requirement for employees on leave to “report in” regarding status and intent to return • Keep all FMLA-related information confidential • Complete the appropriate forms for FMLA • FMLA Designation form to indicate leave approved as FMLA • Extended Leave of Absence form to indicate FMLA-eligible leave

18. FMLA-Qualifying leave--Role of the supervisor/employer • Supervisors/employers must: • Determine whether leave is for an FMLA-qualifying event when an employee requests leave or calls in sick • Approve leave for FMLA-qualifying events unless employee has exhausted FMLA entitlement for year • Advise employee that the leave is counted toward FMLA entitlement

19. FMLA-Qualifying leave--Role of the supervisor/employer • Supervisors/employers must: • Keep accurate records of FMLA entitlement • Designate the leave as FMLA-qualifying • Confirm payroll processor enters leave as FMLA-qualifying event & enters correct time reporting code • Track an employee's use of the 12 work entitlement.

20. FMLA-Qualifying leave--Role of the supervisor/employer • Supervisor/employer must NOT: • Require employee to take more leave than is medically necessary or requested by employee • Require employee to accept modified duties rather than take leave • Note: Employees and supervisors should contact their HR satellite office or UF Benefits if there are questions regarding FMLA designation or procedures.

21. Leave Beyond 12-week fmla Entitlement • UF leave policy gives supervisors the option of approving up to 6 months of medical leave, under the UF Sick Leave Policy. • This is an additional benefit, not required by FMLA. • Exception: Parental Leave (TEAMS, USPS, Faculty) • UF policy guarantees six months parental leave • Supervisor must approve six months for parental leave even though FMLA only requires 12 weeks

22. Designating TIME as FMLA-Qualifying • Alternate Time Reporting Codes (TRCs) are used to reflect that employee’s absence is FMLA-related: • All absences due to Workers’ Comp injury/illness are FMLA-qualifying • Overtime compensatory leave cannot be designated as FMLA-qualifying per federal law • EXCEPTION: Can be used on FMLA leave to remain in pay status, but cannot be counted against an employee’s entitlement • FSK (Sick) • FAL (Vacation) • FRC (Regular Comp) • FSC (Special Comp) • FLH (Without Pay)

23. Medical certification and fitness for duty certification • Medical Certification may be required for FMLA in the event of a serious health condition of the employee or immediate family member • If required, certification must be provided within 15 days • If an employee returns to work before the date indicated on the original Medical Certification, the supervisor must obtain formal communication from the healthcare provider that it is appropriate for the employee to return to work • This Fitness for Duty Certification may also be required in other circumstances.

24. Employee medical information • Human Resources, payroll processors, supervisors, etc., CANNOT directly contact health care provider(s) • Employee medical forms should be submitted directly to UF Human Resources or an HR satellite office. • For assistance with forms, contact your HR satellite office or UF Benefits by emailing central-leave@ufl.edu or calling (352) 392-2477

25. UF Sick Leave may apply to Non–FMLA Medical Situations • UF Sick Leave is not counted toward FMLA entitlement, unless sick leave is being used for approved FMLA leave For Example: • Medical or dental appointments for employee or immediate family members • For injuries or illnesses not considered serious health conditions, such as common cold, flu, earache, or upset stomach • An illness of an immediate family member not covered by FMLA but covered by the UF Sick Leave policy • Death of an immediate family member

26. More Information regarding fmla University Benefits: Email central-leave@ufl.edu Phone (352) 392-2477 Department of Labor (DOL) FMLA website: https://www.dol.gov/whd/fmla/ DOL Employee Guide: https://www.dol.gov/whd/fmla/employeeguide.pdf